Divorce from a pregnant wife
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Is it possible for a husband to divorce a pregnant wife
Given that a wife’s pregnancy is often a test for her husband, as well as for a married couple in general, the legislation of Ukraine provides for measures that make it impossible to file for divorce from a pregnant woman. These measures make it possible to preserve the family as a unit of society in a difficult period. Moreover, the veto on the ability to file for divorce from a pregnant wife extends not only to the period of bearing a child, but also to the first year of life after birth.
According to the Family Code of Ukraine, a husband has no right to file for divorce without the mutual consent of his spouse, a pregnant wife, throughout the entire gestation period and during the first year of a newborn’s life. Thus, the legislation protects the rights of a pregnant woman at the most vulnerable time for her.
However, there are exceptions to the rule when divorcing a pregnant woman. Based on this, under the following circumstances, the husband can still initiate a divorce and file for divorce.
- One of the spouses committed an unlawful act against the other spouse or their child, leading to criminal prosecution.
- The paternity of a newborn child is recognized by another man, not a husband.
- Information about the husband, as about the father, was removed by a court decision from the birth certificate.
In the presence of at least one of these conditions, the husband has the legal right to divorce his pregnant wife or within a year after the birth of the child on his own initiative.
How to file for divorce for a pregnant wife?
In practice, cases when a husband wishes to file for divorce from a pregnant wife are much less common than a divorce initiated by a pregnant wife. This is due to the fact that it is women who take the situation of family relations under control and feel a great responsibility towards the newborn.
So, in cases where family relationships fail, a pregnant woman makes every effort to provide her child with the most comfortable conditions and a “healthy” environment. Often in pursuit of this very goal, the wife is forced to file for divorce from her husband. At the same time, her position is not an obstacle to the desire to protect her interests.
In such a situation, the most rational solution is to achieve a divorce by mutual consent. After all, if more than one wife wants to dissolve the marriage, then the divorce procedure is much easier.
Considering the case when the spouses came to the decision to file for divorce by mutual consent, the determining factor in the divorce procedure is the presence of children already born. In this case, children must be minors without fail. Otherwise, their presence in no way affects the divorce procedure.
So, in case of divorce from a pregnant wife by mutual consent, it is necessary to submit a general application to the registry office. This statement will be considered the basis for the dissolution of the marriage. That is, the procedure for divorce during pregnancy and during the first year of a newborn’s life will not differ from the classical procedure for divorce by mutual consent without children.
Features of the divorce of a pregnant woman with a child
A pregnant woman is forced to file for divorce in court in two cases:
- the husband and the pregnant wife already have joint minor children;
- the decision to divorce is not supported by the husband.
If one of the spouses wishes to file for divorce, and the other does not mind, even taking into account the fact of pregnancy, but the spouses have common minor children, then only a divorce from the children through the courts is possible. Since it is in court that the authorities will be able to determine whether the decision to divorce is not contrary to the interests of the common child. If during the consideration of the case it is revealed that there are no objective grounds for divorce or there are chances to save the family, the court will allocate time for reconciliation of the spouses. If, after this time, the desire to divorce remains, then the divorce will be carried out.
If the husband does not support his wife’s desire to divorce, then it will be necessary to file a statement of claim for divorce, in which the reasons for the decision should be indicated.
Divorce during pregnancy
The divorce process has many features, without knowing which you can spend a lot of time and effort on divorce. Moreover, it is not always possible to achieve a positive result in such difficult cases as divorce during pregnancy.
That is why, if it is necessary to dissolve the marriage, a good solution for a pregnant woman is to turn to a lawyer in Zaporozhye, who will be able to resolve the issue of divorce of any complexity.
The family lawyer will draw up a statement of claim for divorce in such a way that the representatives of the court do not have doubts about the rationality of the decision made and the need for a divorce during the wife’s pregnancy or in the presence of a newborn child.
Moreover, a divorce lawyer will tell you in detail what rights you have under the law and in what way it would be wiser to dissolve the marriage based on his many years of experience. A legal specialist will be able not only to give you the most legally competent and relevant information for you, but also to adequately defend your interests and the interests of your child in court.
Family lawyer for divorce from pregnant wife
To effectively resolve a divorce case from a pregnant wife, you should contact professional family lawyers.
- provide legal advice on family matters;
- will help to determine the best option for solving a family case;
- prepare all the necessary documents;
- will provide legal support for the entire trial.
Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!
If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!
The first step on the road to success in resolving a divorce case from a pregnant wife is to contact good family lawyers!
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Frequently Asked Questions to a Family Lawyer
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a statement of claim for divorce before the child is one year old
article 110 of the family code of Ukraine
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Checked by Victoria on 23.06.21
divorce 39 4.06
pregnant 26 2.71
wife 20 2.08
divorce pregnant 18 1.88 / 3.75
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pregnant wife 15 1.56 / 3.12
submit 15 1.56
child 14 1.46
file a divorce 13 1.35 / 2.71
lawyer 12 1.25
husband 12 1.25
divorce by pregnant wife 12 1.25 / 3.75
solution 12 1.25
marriage 11 1.15
family lawyers 8 0.83 / 1.67
case 8 0.83
termination 7 0.73
divorce 7 0.73 / 1.46
legal 6 0.62
pregnancy 5 0.52
statement 5 0.52
newborn 5 0.52
file a divorce for a pregnant woman 5 0.52 / 1.56
right 5 0.52
spouse 5 0.52
question 4 0.42
desire 4 0.42
woman 4 0.42
exactly 4 0.42
interest 4 0.42
lot 4 0.42
Checked by Victoria on 05/17/21